A SunTrust Bank manager, who was wounded during a bank robbery, has sued the bank because it had eliminated security guard positions for economic reasons just before the robbery.
Two armed robbers entered the bank and walked around the bulletproof shield protecting the manager and opened fire, wounding her in the face.
The manager sued the bank for negligence, but the case was dismissed. On appeal, the 11th Circuit Court of Appeals affirmed the dismissal, agreeing with the district court that the manager’s only remedy was workers’ compensation. The only injuries compensable beyond workers’ comp are those intentionally inflicted by an employer or resulting from an employer’s action that a reasonable person would deem substantially certain to result in injury or death.